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  • time sensitive please help !

    Hello everyone!

    I got married to my husband on June 7th 2019. I am a US citizen and am trying to sponsor him (a Columbian native) to get permanent residency in the US. I have never done this process before and unfortunately we cannot afford a lawyer at the moment so I am trying to figure out if I am on the right path here.
    After much research on the USCIS website I figured I have to fill out the following forms:

    I-485 Register Permanent Residence
    I-130 Petition for Alien Relative
    I-130A Supplemental Information for Spouse Beneficiary

    My husband came here legally on a visitor's visa several times going back and forth to Columbia to get new ones but after he met me we fell in love and we got married

    Questions and Concerns:
    1) My husband's visitor's visa actually expired back in February and we are just now applying for permanent residence because I did not know for a few months of this problem:
    Will this be an issue when USCIS does receive our application?

    2) Can we just go to USCIS office in new york city to drop off all our documentation and applications at once or do we need an appointment?

    3) Is the medical exam form I-693 Report required along with the 3 applications listed above that I am now filing or is that only needed for when we go to the interview?
    Or can I even submit it after I submit my 3 applications but before the interview (so like in the time between filling applications and the interview)?

    4) Since my husband cannot work legally because of expired visa:
    Do I also need to submit form I-864 Affidavit of Support since I am his sponsor?

    5) We just obtained his birth certificate from Columbia:
    Do we need to translate it before we can submit this documentation?

    We are trying to go to USCIS tomorrow morning so any help, information, detail, personal experience, etc IS TRULY APPRECIATED AND I THANK YOU AHEAD FOR!!!!
    Bella

  • #2
    Hey there...
    you need to file
    I485
    I130
    I131
    I765
    and send the medical exam directly with everything as well.
    Everything about your hubby like birth certificate, or when he was divorced before, has to be translated to English from someone where can notarized too. Send everything in Copy, except of the filing documents, they have to be send as original. They would forgive the over stay because he got married to a US citizen. But hurry up... the waiting time will be crazy enough after filing and you have to legally his status.

    Comment


    • #3
      2) you cannot go to the field office and drop it off, you need to send it to Chicago lockbox /National benefits center
      3) I personally filed the i-693 medical form with my package, but you can just wait till the interview and bring it to the interview, that's what my friends lawyer did with her case
      4) you HAVE TO submit i-864 affidavit of support with the package, it is required.
      5) you need a certified translation for the birth certificate

      File:

      i-485
      i-130
      i-864
      i-130A
      i-765 and i-131 so he can travel and work while waiting
      PD - 3/2/2018
      Biometrics - sometime in April
      RFIE - 7/3
      Response to RFE received - 7/16
      Case ready to be scheduled for interview - 8/14
      EAD is being produced - 9/4
      Combo card in hand - 9/11
      Interview is scheduled - 1/18/2019
      Interview - 2/26/2019

      Comment


      • #4

        this helped me a lot when I was filing myself, did not get a lawyer, but I recommend purchasing the $49 DIY kit, has complete instruction of how/where to file, and how to fill out forms
        PD - 3/2/2018
        Biometrics - sometime in April
        RFIE - 7/3
        Response to RFE received - 7/16
        Case ready to be scheduled for interview - 8/14
        EAD is being produced - 9/4
        Combo card in hand - 9/11
        Interview is scheduled - 1/18/2019
        Interview - 2/26/2019

        Comment


        • #5
          1) When did you meet your husband? Did he return to Colombia at any point after you met? If so, that could be a problem.
          2) Send the completed packet to Chicago Lockbox (google the address - depending if sending USPS or private courier.)
          3) It will be more efficient to submit the I-693 with your packet.
          4) Yes.
          5) Yes, but you don't need an official translator. Get a friend to translate and sign the following with the document

          Certification by Translator

          I [typed name], certify that I am fluent (conversant) in English and Spanish, and that the above/attached document is an accurate translation of the document attached entitled YYYY XX
          Signature_________________________________

          Date
          Typed Name
          Address


          Check this link for all the items you should collect to submit:


          I would also investigate some type of free/low cost consultation with an immigration lawyer. Whenever someone overstays his visa, that will be a red flag for USCIS.

          Finally, the country is spelled "Colombia" not Columbia. If you're married to one, you will need to know how to spell it correctly. I know, I'm married to one
          AOS from F-1, married to USC (SSM)
          San Antonio Field Office

          01/14/19 - Receipt of concurrent filing (I-485, I-130, I-765, I-131)
          02/06/19 - Biometrics walk-in completed
          04/03/19 - Ready to be scheduled for an interview
          08/08/19 - Interview
          08/09/19 - Case approved
          08/15/19 - Green Card in hand
          ---
          05/21/21 - I-751 Case Received
          06/02/21 - Check cleared / text message acknowledging receipt of case
          06/07/21 - I-797 Received in Mail


          ​

          Comment


          • #6
            Wow! Thank you all soooo much I did not realize exactly how quickly I would receive responses. This is amazing!!! Thank you again
            Bella

            Comment


            • #7
              Originally posted by polkaparty View Post
              1) When did you meet your husband? Did he return to Colombia at any point after you met? If so, that could be a problem.
              .......
              Finally, the country is spelled "Colombia" not Columbia. If you're married to one, you will need to know how to spell it correctly. I know, I'm married to one
              I met him at the beginning of this year and no he hasn't returned to Colombia since Aug 2018, that's why visa expired in Feb
              Hahahaha you're right, I should know how to spell that. I am Romanian myself but been here a long time and for some reason I still spell Colombia the Romanian way )))
              Thank you for all your advice!

              Bella

              Comment


              • #8
                Originally posted by AngelaPhelan View Post
                2) you cannot go to the field office and drop it off, you need to send it to Chicago lockbox /National benefits center
                3) I personally filed the i-693 medical form with my package, but you can just wait till the interview and bring it to the interview, that's what my friends lawyer did with her case
                4) you HAVE TO submit i-864 affidavit of support with the package, it is required.
                5) you need a certified translation for the birth certificate

                File:

                i-485
                i-130
                i-864
                i-130A
                i-765 and i-131 so he can travel and work while waiting
                Thank you Angela
                I am being told also that since he is living here with me form I-130 and I-130A are not necessary??
                Aren't the two forms just for a spouse living outside of US who wants to obtain a VISA to come here?
                Bella

                Comment


                • #9
                  Originally posted by bellaella View Post

                  Thank you Angela
                  I am being told also that since he is living here with me form I-130 and I-130A are not necessary??
                  Aren't the two forms just for a spouse living outside of US who wants to obtain a VISA to come here?
                  No, both are necessary for spouses living in the US.
                  Form I-130 has a $535 fee
                  Form I-485 has a $1,225 fee
                  Forms I-765 and I-131 are 'free' if you file with I-485 or after receiving the NOA.

                  The physical must be done by an authorized doctor: https://my.uscis.gov/findadoctor is good to shop around, the different prices is unreal. You have the option to send the form sealed by the doctor with your application but be aware that the date the doctor signed the papers to the date you send your package must be less than 60 days. You also have the option to send the other forms first, then do the physical and bring the results in the sealed envelope to your interview.
                  Nov 2018 - Package sent - EB - Texas Service Center
                  Day 1 - Package received at the lockbox
                  Day 999 - Card delivered to me - Aug 2021
                  ---
                  All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

                  Comment


                  • #10
                    Originally posted by Enub4 View Post

                    No, both are necessary for spouses living in the US.
                    Form I-130 has a $535 fee
                    Form I-485 has a $1,225 fee
                    Forms I-765 and I-131 are 'free' if you file with I-485 or after receiving the NOA.

                    The physical must be done by an authorized doctor: https://my.uscis.gov/findadoctor is good to shop around, the different prices is unreal. You have the option to send the form sealed by the doctor with your application but be aware that the date the doctor signed the papers to the date you send your package must be less than 60 days. You also have the option to send the other forms first, then do the physical and bring the results in the sealed envelope to your interview.
                    THANK YOU! I'm glad I can now say I didn't waste my time filling out I-130 and I-130A hahah
                    Also thank you so much for the tip on the doctors, I was literally just thinking they must be charging and differentiating in price a lot just as the lawyers are doing
                    Bella

                    Comment


                    • #11
                      Originally posted by bellaella View Post
                      Also thank you so much for the tip on the doctors, I was literally just thinking they must be charging and differentiating in price a lot just as the lawyers are doing
                      Yup, definitely shop around. I must have called at least a dozen when I did mine. Ask if a physician will lower their rate if you bring your own immunizations and TB results. If you have a decent insurance, vaccines and TB test (quantiferon) are typically free.
                      2018 Marriage-based AOS (I-130, I-485, I-765)
                      07-09: Package Delivered to USCIS Chicago Lockbox
                      07-17: NOA texts & emails (~10:30 pm)
                      07-17: Checks cashed
                      07-20: 3 NOAs received in the mail
                      07-27: Biometrics letter in mail; scheduled for 08-08
                      07-30: Biometrics done; USCIS received on 07-31
                      08-02: RFIE for proof of legal employment; replied 08-04
                      08-08: USCIS received RFIE, case no longer on hold
                      10-04: AP approved
                      11-28: Case Ready to Be Scheduled for Interview
                      11-29: EAD approved

                      Comment


                      • #12
                        All the advise here is great. Unless your hubby has a criminal record, I don’t think a lawyer is need it.
                        Get the documentation from Colombia translated here, if you visit the Colombian Consulate in NY they have places that do it for you at a reasonable price and they are certified translators. Also shop around for the Medical Exam, the difference $$ could be huge from place to place.
                        From my experience and all the help from this forum, send the initial package very complete and organized. Read all the sticky notes*.
                        I’m Colombian as well, and my case is similar. Got my appointment soon. (About 6 months in the process)
                        Good luck!
                        Married to USC West Palm Beach
                        1/25/19 I485, I765, I130
                        1/28/19 Package Delivered
                        2/4/19 Received via text that case received
                        2/7/19 Received I797 mail for all files
                        2/15/19 Received mail for Biometrics scheduled for 2/25
                        2/25/19 Bio Done
                        4/23/19 Case is ready to be Scheduled for an Interview (i485)
                        6/21/2019 Interview was Schedule Mail for 7/29/19
                        7/17/2019 New Card is Being Produced
                        7/24/2019 EAD arrived
                        7/29/2019 Interview

                        Comment


                        • #13
                          pls Don't go to uscis field office without appointement! it's not even safe for your husband since he overstay his visa.

                          you need to fill out
                          i-130
                          i-130a
                          I-485
                          I-864
                          -I765
                          You need to fill them all concurrently + cover letter & supporting document and send it to chicago lockbox

                          This is an exemple of what the package should look like : https://www.youtube.com/watch?v=q8c_PmqOhrU


                          Pls also join this ******** group very very helpful https://www.********.com/groups/6624...target&fref=nf

                          Comment


                          • #14
                            My case is similar to yours. I did not use a lawyer either, however, I did use an online company called Simple Citizen that guided us through the whole process, every form. It's very reasonable ($150-$300)…and it walked us through each form step by step. We just typed in all the information , uploading all the required documents and evidence. When you are finished they mail you the complete packet ready to ship off to USCIS lockbox. Made the whole process very easy! There are several similar web-sights that do the same as simple Citizen. Explore your options.

                            Comment


                            • #15
                              Originally posted by Miel55 View Post
                              pls Don't go to uscis field office without appointement! it's not even safe for your husband since he overstay his visa.

                              you need to fill out
                              i-130
                              i-130a
                              I-485
                              I-864
                              -I765
                              You need to fill them all concurrently + cover letter & supporting document and send it to chicago lockbox

                              This is an exemple of what the package should look like : https://www.youtube.com/watch?v=q8c_PmqOhrU


                              Pls also join this ******** group very very helpful https://www.********.com/groups/6624...target&fref=nf
                              Wow thank you i was actually thinking the same! ????
                              Bella

                              Comment

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